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Duties of a Motorcycle Injury Lawyer Near Me:
But maybe you really could use someone to take your side. Someone who will gun for your cause. Someone who will really fight for your side. Those are the times you really should have a Clarkdale personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But remaining calm and logically oriented can be the difference between receiving the fair payment that you deserve or going home feeling horrible.
A successful Clarkdale personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. Many people may not even fully realize the facts of what could happen until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Clarkdale Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
The PIL usually takes a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, which is different than most other fields of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case can end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Motorcycle Injury Lawyer Near Me in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they needed and deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!